Legal Question in Criminal Law in California

Re: Bail Refund

You can't. The $5,000 was the bail bondsman's fee regardless of the outcome. Bondsmen would go out of business if they had to give refunds to everyone who didn't violate the terms of their bail, and then bonds would be unavailable.

Bondsmen bear the risk of their clients skipping bail as well as the risk that the case will drag on for years before they can reclaim their funds. In that sense they are like insurers -- they spread the risk among many customers even though most will not have any problems. This service was still valuable to you, though, since it kept you out of jail while your case was pending. Having received the benefit of your bargain you are not entitled to a refund.

Bear in mind that, had you skipped bail, your bondsman would have had to either absorb the loss or pay a bounty hunter to apprehend you and bring you back. This is another cost of his business which he must spread amongst his many clients.

Had you posted the entire $50,000 yourself you would be entitled to get it back. The bondsman posted it for you, so he is entitled to get it back instead. This fact does not entitle you to a refund of what you paid him.